HomeMy WebLinkAbout2009-023 Contract - Polaris Land Surveying
Contract for Personal Services
CITY OF
ASHLAND
20 East Main Street
Ashland, Oregon 97520
Telephone: 541/488-6002
Fax: 541/488-5311
CONSULTANT: Polaris Land Surveying, LLC
CONTACT: Shawn Kampman
ADDRESS: PO Box 459, Ashland, OR 97520
TELEPHONE: 541-482-5009
DATE AGREEMENT PREPARED: January 22,2009
\ BEGINNING DATE: February 1, 2009
COMPENSATION: Not to Exceed $5,000.00
FAX: 541-488-0797
COMPLETION DATE: June 30,2011
SERVICES TO BE PROVIDED: Secondary flexible surveying services
ADDITIONAL TERMS: This contract may be extended for two additional one-year contracts.
FINDINGS:
Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inquiry and evaluation, the undersigned Department
Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have
adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for
utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and
capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and
financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the
compensation negotiated herein is fair and reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings I Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described
above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance
of such service. .
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service to which they will be
assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of
Oregon, are so registered, licensed and bonded.
4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated
above and complete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified
above. Once work commences, invoices shall be prepared and submitted by the tenth of the month for work
completed in the prior month. Payments shall be made within 30 days of the date of the invoice. Should the contract
be prematurely terminated, payments will be made for work completed and accepted to date of termination.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City.
7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
8. Living Wage Requirements: If the amount of this contract is $18,088 or more, Consultant is required to comply with
chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any Subcontractor who performs 50% or more of the service work under
this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where
it will be seen by all employees.
9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from
injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of
whatsoever nature arising out of or incident to the performance of this contract by.Consultant (including but not
limited to, Consultant's employees, agents, and others' designated by Consultant to perform work or services
attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
10. Termination:
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a. ' Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. Citv's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Consultant, or at such later date as may be established by City under any of the following
conditions: .
i. If City funding from federal, state, county or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Consultant to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
ii. Time is of the essence for Consultant's performance of each and every obligation and duty under
this contract. City by written notice to 'Consultant of default or breach may at any time terminate
the whole or any part of this contract if Consultant fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
e. Obliaation/Liabilitv of Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modification. However, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination,
Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are
or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to
the termination date if such work was performed in accordance with the Contract.
11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City.
Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to
this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default
of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if
consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted
against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business
on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or
delegate duties under, the Contract.
14. Insurance. Consultant shall at its own expense provide the following insurance:
a. Worker's Comoensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. Professional Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1.000.000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to
cover damages caused by error, omission or negligent acts related to the professional services to be provided
under this contract.
c. General Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1.000.000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property
Damage. It shall include contractual liability coverage for the indemnity provided under this contract.
d. Automobile Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, 1 000 000, or Not A licable for each accident for Bodil In.u and Pro ert Dama e,
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--nI.
., including coverage for owned, hired or non-owned vehicles, as applicable.
e. Notice of cancellation or chance. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to
the City.
f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its
elected officials, officers and employees a.s Additional Insureds on any insurance policies required herein but only
with respect to Consultant's services to be provided under this Contract. As evidence of the insurance coverages
required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work
under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies
or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust
agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent
deductibles, self-insured retentions and/or self-insurance.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction.
16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further
liability to Consultant.
Certification. Consultant shall si n the certification attached hereto as Exhibit A and herein incor
CONSULTANT CITY OF ASHLAND:
BY ::Jw--/~ jvwV BY
. J ~ture
h k "'--A. '" '--
Pr nt Name
TITLE
~I-\~'t ~v
DATE
DATE
..::f~nv~~7 ~
200tiJ
CONTRACT AWARD AN FINDINGS DETERMINED BY:
By: 2../ ,0 (0<'(
City Department Head Date:
Approved as to
form by Legal:
FederallD#
~-J.Jdr~6r
ACCOUNT #
yZu tJt3eCJ~
(For City purposes only)
PURCHASE ORDER # tt/ ~ eo 6
*Completed W9 form must be submitted with contract
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EXHIBIT -AB
POLARIS LAND SURVEYING LLC
FEE SCHEDULE
(EFFECTIVE JANUARY 1. 2008)
PRINCIPAL LAND SURVEYOR............................. ...$120.00 / hour
PROFESSIONAL LAND SURVEYOR....................... ...$100.00 / hour
SENIOR SURVEY TECHNICIAN ....................... ..... ... $ 85.00 / hour
SURVEY TECHNiCiAN........................................ $ 75.00 / hour
DRAFTING TECHNiCiAN..................................... $ 70.00 / hour
SURVEY FIELD CREW (STANDARD) ....................... $150.00/ hour
SURVEY FIELD CREW (w/ GPS) ............................ $175.00/ hour
DOCUMENT PROCESSiNG.................................... $ 60.00 / hour
MILEAGE (out of town project6)............................ $ 0.585/ mile
OUT-OF-POCKET EXPENSES ................................. ACTUAL CDS T
P.O. Box 459 J A 5 h I and J 0 reg 0 n 97520 ..'" Ph 0 n e: (54 1) 4- 82 - 5 0 09 Fax: (54- 1) 48 8 - 0 797
Mobile: (541) 601-3000 www.polari55urvey.com
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury,.certifies that (a) the
number shown on the attached W-9 form is its correct taxpayer 10 (or is waiting for the number to be
issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from
backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is
subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS
has notified it that it is no longer subject to backup withholding. Contractor further represents and
warrants to City that (a) it has the power and authority to ~nter into and perform the work, (b) the
Contract, when executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in accordance with its terms, (c) the work under the Contract shall be performed in
accordance with the highest professional standards, and (d) Contractor is qualified, professionally
competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury
that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on
behalf of the entity designated above and authorized to do business in Oregon or is an independent
Contractor as defined In the contract documents, and has checked four or more of the following
criteria:
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(1) I carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3) Telephone listing is used ~or the business separate from the personal residence listing.
( 4) labor or services are performed only pursuant to written contracts. .
(5) labor or services are performed for two or more differ~nt persons within a period of one
year.
(6) I assume financial responsibility for defective workmanship or for service not provided
as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability insu~ance relating to the labor or services to be provided.
~0A7 rchvV~~t 4-, z,009
Contractor . (Date (
, 11 t ~ h.-,v - po I",v i:> l-..""J >v ~71 ~ Ll-c...
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FeRn W-9
Request for Taxpayer
Identification Number and Certification
Give fonn to the
requester. Do not
send to the IRS.
(RfN. October 2007)
Department of the Treasury
Internal He.enue Service
C\i
CD
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Q.
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Name (68, shown on your_incom.~tax retu1
"-~ I j ~""
Busin name, if different fran abote
LU-
Check appropriate box: D Individual/Sole proprietor D Corporation D Partneratip e
~ C Exempt
imited liability company. Enter the tax. clessification (O=diaregarded entity, C=corporation, P=:par1nerahip) ~ _ _ _ _ _ _ i pay..
Other (8ee inelructia'ls) ~
Addr.. (number, street, and apt. or suite no.) Requester's name and address (optiona~
Taxpayer Identification Number (TIN)
51.--,0
1~-7~
or
Enter YOll' TIN in the appropriate box. The TIN provided must match the name given on Une 1 to avoid
backup withholding. For individuals, this is your social security m.mber (SSN). However, for a resident
alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is
your employer identificatioo nunber (EIN). If you do not have a runber, see How to get 8 71N on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
nllllber to enter.
Certification
Under penalties of perjury, I certify that
1 . The nllllber shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am slbject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.S. person (defined below).
Certification Instructions. You rnJst cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest .,d cividends on YOlI' tax return. For real estate transactionsr item 2 does n01 apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. See ~he instructions on page 4. "
Sign
Here
General Instructi
Section references are to the Internal Revenue Code unless
otherwise noted.
Date ~
Purpose of Form
A person who is requred to file an information retumwith the
IRS must obtain Y0t6 correct taxpayer identification nurrber (fIN)
to report, fa example, income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or
contributions you made to an IRA
Use Form W-9 only if you are a U.S. person (including a
resident alien), to provide your correct TIN to the person
requesting it (the requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued),
2. Certify that you a-e not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S.
exempt payee. If applicable, you are also certifying that as a
U.S. person, YOll' allocable share of any partnership income from
a U.S. trade ex business is not subject to the withholding tax on
foreign partners' share of effectively connected income.
Note. If a requester gives you a form other than Form W-9 to
request your TIN, you must use the requester's form if it is
substantially similar to this Form W-9.
Deftnl1lon of a U.8. person. For federal tax purposes, you are
considered a U.S. person if you are:
. An individual who is a U.S. citizen or U.S. resident alien,
. A pa1nership, corporation, company, or association created or
organized in the United states or under the laws of the United
States,
. An estate (at her than a foreign estate), or
. A domestic trust (as defined in Regulations section
301 .7701-7).
SpecIal rules lor partnerships. Partnerships that conduct a
trade or business in the United States are generally required to
pay a withholding tax on any foreign pevtners' share of income
from such business. Further. in certain cases where a Form W-9
has not been received, a partnership is requi'ed to presume that
a partner is a foreign person, and pay the withholding tax.
Therefore. if you are a U.S. person that is a partner in a
partnership conducting a trade or business in the United States,
provide Form W-9 to the partnership to establish your U.S.
status and avoid withholding on YOll' share of partnership
income.
The person who gives Form W-9 to the partnership for
plrposes of establishing its U.S. status and avoiding withholding
on its allocable share of net income from the partnership
conducting a trade or business in the United States is in the
following cases:
. The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231 X Farm W -9 (Rev. 10-200n
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....
ACORD_ CERTIFICATE OF LIABILITY INSURANCE I DATE (IIMIDDIVYYY)
01/2712009
PRODUCER THIS CERnFlCATE IS ISSUED AS A MATTER OF INFORMATION
Paul Finch State Fann Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
420 Bridge St HOLDER. THIS CERnFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
~ Ashland, OR 97520
~ INSURERS AFFORDING COVERAGE HAle'
INSURED INSURER k. .... Fann Fire and Casualty Company 25143 25143
Polaris Land Surveying INSURER 8: Slate Farm Mutual Aut0m0biie Insurance Company 25178 25178
P.O. Box 459
Ashland, OR 97520 INSURER C:
INSURER 0:
1 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE USTEO BelOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POlICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXClUSIONS AND CONomONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN8R =:; POLICY NUMBER POLICY EFFECTIVE PQUCY EXPIRATION LIMITS
L1'R
X GENERAL UA8ILITY 97 -EQ-9982.o2 0510712008 05/07/2009 EACH OCCURRENCE $ 1,000.000.00
X COMMERCIAL GENERAlllABUTY DAMAGE "f
Business Insurance PREMISES lea oca.nncel $
I ClAIMS MADE D OCCUR MEn EXP (Any one person) $ 5,000.00
.' -- PERSONAl & ADV INJURY S
- 2,000,000.00
GENERAl AGGREGATE $
- 1,000,000.00
GEN'l AGGREGATE lIMIT APPUES PER: PRODUCTS - COMPIOP AGG $
n POLICY n m n LOC
X AUI'OMOIIILE LIABILITY L234521..o30-37E 10/30/2008 04/30/2009 COMBINED SINGLE LIMIT
---- $
N<< AUTO 1998 Toyota Tacoma (Ea accident)
-
ALl OWNED AUTOS BODILY INJURY $ 250,000.00
X SCHEDULED AUTOS 090 4953-809-378 0810912008 02109/2009 (Per person)
~ 1999 Toyota Tacoma
- HIRED AUTOS BODILY INJURY $ 500,000.00
NON-OWNED AUTOS (Per accident)
~ Automatic
- Renewal PROPERTY DAMAGE S 250,000.00
(Per accident)
GARAGE UABIUTY AUTO ONLY - EA ACCIDENT $
=iANYAUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
~LIA8IUTY EACH OCCURRENCE $
o OCCUR D ClAtMSMADE AGGREGATE $
$
R DEDUCnBLE $
RETENTION S $
WORKERS COMPENSATION AND XI WCSTATU-I IO~-
97 -E8-4333-1 05109/2008 05109/2009 I UK _IMI 1:S
EMPLOYERS' UA8I.JTY E.L EACH ACCIDENT $ 500,000.00
ANY PROPRIETORIPARTNERlEXECUTIVE 500,000.00
0FFICERIMEM8ER EXCLUDED? E.L DISEASE - EA EMPlOYEE $
~under .... -'-.-._~-- --- .----- - E.l. DISEASE - POLICY LIMIT $ 500,000.00
PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY.ENDORSEIIENT I SPECIAL PROVISIONS
Land Surveying
Physical Address: 151 Clear Creek Dr
Ashland, OR 97520
CERTIFICATE HOLDER
City of Ashland Oregon
and its elected. officials, officers, and employees
20 E Main St.
Ashland, OR 97520
Attention: Jim Olsen
CANCELLAnoN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE TtEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL --L DAYS. WRITTEN
NOTICE TO THE CERnFlCATE HOLDER NAMED TO THE LEFT, BUT fAILURE TO DO so SHALL
IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
ACORD 25 (2001/08)
ACORD. CERTIFICA TE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY)
1/28/2009
PRODUCER (303)454-9562 FAX: (303)454-9564 THIS CERnFlCA TE IS ISSUED AS A MATTER OF IN FORMA noN
Assurance Risk Managers, :Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA TE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2851 S. Parker Road ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
Suite 760
Aurora CO 80014 INSURERS AFFORDING COVERAGE NAle #
INSURED INSURER k Beaz1ey Insurance 37540
Po1aris Land Surveying INSURER B:
151 C1ear Creek Dr. INSURER C:
Suite 101 INSURER D:
Ash1and OR. 91520 INSURER E:
---
THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVVITHSTANDtNG ANY
REQUIREMENT. TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VVHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONomONS OF SUCH POLICIES.
lIMITS SHO\IVN MAY HA\IFO .-. BY PAID ClAIMS.
INSR "DD'L POLICY EFFEC11VE POLICY EXPIRATION UMI1S
TYPE OF INSURANCE POLICY NUII8ER DATE DATE.___ .
GENERAL LIABILITY EACH OCCURRENCE $
- ~!9J~ENTED
COMMERCIAl GENERAlllABl.l1Y $
I ClAMS MADE D OCCUR MED EXP (Anv one oerson) $
PERSONAl & ADV INJURY $
-
GENERAL AGGREGATE $
-
GEN'l AGGREGATE lIMIT APPUES PER: PRODUCTS - COMPIOP AGG $
n POLICY n ~ n lOC
AUTOMOBILE UABlUTY COMBINED SINGlE lIMIT
- (Ea accident) $
- ANY AUTO
All OWNED AUTOS BOOB- Y INJURY $
- (Per person)
- SCHEDULED AUTOS
- HIRED AUTOS BODILY INJURY $
NON..oVVNED AUTOS (Per accident)
-
--- PROPERlY DAMAGE $
(Per accident)
GARAGE UABlUTY AUTO ONlY - EA ACCIDENT $
=1 ANY AUTO OTHER THAN EA ACC $
AUTO ONlY: AGG $
EXCESSlUIIBRELLA LIABIUTY EACH $
:J OCCUR D ClAMS MADE AGGREGATE $
$
=1 DEOOCTRlLE $
RETENTION S $
WORKERS COMPENSA11ON AND I T~.f&W-S 1 IOJ;t'-
EMPLOYERS- UABlUTY
ANY PROPRIETOR/PARTNERlEXECUTIVE E.L EACH ACCIDENT $
OFFlCERMEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $
If yes, describe lM1der E.L DISEASE - POLICY lIMIT $
SPECIAl. PROVISIONS below
A OTHER PROFBSSJ:ORAL V15N3108PHPA 6/28/2008 6/28/2009 EACH 0CCtJRENCE 500,000
LJ:ABJ:LJ:TY AGGREGATE 1,000,000
CLAIMS-MADE POLl:CY
DESCRIPTION OF 0PERA1IONSILOCATIONSNEHICLESIECLUSIONS ADDED BY ENDORSEIIENTISPECIAL PROVISIONS
City of Ashland, Oregon and It's
Elected Officials, Officers & BJDp10yees
20 E. Main St.
Ash1and, OR 97520
CANCELLA nON
SHOULD ANY OF THE ABOVE DESCRIBED POlICIES BE CANCELLED BEFORE THE
EXPIRA110N DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR, TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO lHE LEFT, BUT
FAILURE 10 DO so SHALL IMPOSE NO OBLIGATION OR LlABlUlY OF ANY KINO UPON THE
ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTAnvE
Lisa Isom/SRS ~~~...-.- ~:-~..:?----~-->
CACORD CORPORATION 1988
CERTIFICATE HOLDER
ACORD 25 (2001108)
.UClft?C tn..no\ no"
POI'IA 1 nf?
C I T Y OF
ASHLAND
PUBLIC WORKS/ENGINEERING DIVISION
GENERAL SURVEYING SERVICES
. . """~ ......,.- ,.,. "',' ~-"-""''-'''''' ..- . .".. ....., .. .... "...'.""...... .'..,' ".,' ~--..... .. ........"
REQUEST FOR PROPOSALS
PROJECT NO: 2008-21
TYPE OF PROPOSAL: PRIMARY AND SECONDARY SURVEYING SERVICES
DISTRIBUTION DATE: October 1, 2008
BID OPENING DATE: 2:00 PM. NOVEMBER 5. 2008
ENGINEERING DIVISION
CITY OF ASHLAND
20 E. MAIN STREET
ASHLAND OR 97520
541/488-5347
r&,
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TABLE OF CONTENTS
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CIlY OF ASHLAND
DEPARTMENT OF PUBUC WORKS
REQUEST FOR PROPOSAL
FOR
GENERAL SURVEYING SERVICES
The City of Ashland is seeking proposals for a primary and secondary Survey Firm to
provide general surveying services. This work is to be performed on an on-call flexible
services basis for the purposes' of maintaining the City wide survey controls and in
developing public works construction projects. The services will include, but will not be
limited to: construction surveying, location and topographic surveying, right of way
monumentation and replacement and/or establishment of horizontal and vertical control
points. In addition, the consultant may be called upon to perform the services of
"Assistant City Surveyor" in the absence of the Ashland City Surveyor.
. Consultant selection will result in the issuance of a contract for services for a two year
duration with provisions for renewal for up to two additional one year terms.
Proposals must be received by 2:00 PM, November 5, 2008, in the City'of Ashland
Engineering Office located at 51 Winburn Way, Ashland OR 97520; mailing address:
20 E. Main Street Ashland OR 97520.
Proposal documents are available at the above address and all proposals mu~ be on
the forms provided or in the same format. Proposals are limited to 6 pages. The
proposer must be registered as a Professional Land Surveyor with the State of Oregon.
Consultant selection will be based upon weighted criteria as'cited in the Request for
Proposal document. Standard selection criteria includes, but is not limited to:
Experience, availability, schedule, response time and cost. .
The City of Ashland reserves the right to reject any and all proposals, to waive
formalities or to accept any proposal which appears to serve the best interest of the
City of Ashland.
For further information, contact James H. Olson, City Surveyor at 541/488-5347.
City Surveyor
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CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR PROPOSAL
GENERAL SURVEYING SERVICES
CONCEPT
The City of Ashland intends to hire one primary and one secondary Survey Firm to
provide general surveying services. This work is to be performed on an on-call flexible
services basis for t~e purposes of maintaining the City wide survey controls, in
developing public works construction projects, determining boundaries and other
miscellaneous survey. related activities.
MULTIPLE SELECTION
The City intends to select two proposers (primary and secondary) from this solicitation.
In addition to the primary consultant, a secondary consultant will also be selected as an
alternate to provide surveying services in the absence of the primary consultant or if a
conflict of interest might arise. The secondary consultant contract shall have the same
duration as the primary contract and shall be subject to the same conditions,
requirements and obligations. There is no guarantee that any specific amount of work
or any specific or overall dollar amounts will be assigned during the term of the
contract.
WORK DESCRIPTION
I. SCOPE OF WORK
The selected consultant will provide site, construction and location surveying for
public works construction projects. The consultant will also assist in the
maintenance and further expansion of Ashland's horizontal and vertical control
networks.
The consultant may further be called upon to perform the duties of an "Assistant
City Surveyor" in the absence of the appointed City Surveyor and to perform
miscellaneous surveying related activities as required.
II. DESCRIPTION OF CONSULTANT DUTIES
A. Surveying for Public Works construction projects:
1. Provide topographic surveys for various public works projects.
2. Provide site and location surveys to determine proper placement for
public facilities.
3. Provide construction staking for various projects including street,
sewer, water and storm drain construction projects.
4. Provide miscellaneous assistance to construction crews as required.
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5. Locate public 'rights of ways and easements as. needed.
B. RE-ESTABUSHED STREET RIGHTS OF WAYS
1. Set or replace street centerline monumentation including filing of a
map of survey with the Jackson County Surveyor.
2. Prepare descriptions of easement or rights of ways to be acquired.
C. PERPETUATE HORIZONTAL & VERTICAL CONTROL NETWORK
1. Conduct 3-wire leveling to replace or establish benchmarks
required to perpetuate the existing vertical control network.
2. Re-establish horizontal control monuments as required.
D. ACf AS ASSISTANT CITY SURVEYOR (IN ABSENCE OF CITY SURVEYOR)
1. Perform reviews of subdivision and partition plats.
2. Approve subdivision and partition plats.
3. Coordinate with City Engineer as necessary.
E. PREPARE BOUNDARY SURVEYS
1. Perform boundary surveys of City owned property.
2. Perform land partition and property line adjustment surveys of City
owned property.
III. CONSULTANT'S RESPONSIBILITIES
The consultant's person in charge of the project must be an Oregon licensed
land surveyor as required by Oregon Revised Statutes and shall assume full
responsibilities for the following:
A. Personnel, Materials & Equipment
The consultant shall provide qualified and competent personnel and shall
furnish all supplies, equipment, tools and incidentals required to
accomplish the work, with the following exception:
The City of Ashland will provide all monument cases, pipes and caps
needed for the establishment of the bench marks, control points or
centerline monumentation.
All materials and supplies shall be of good quality and suitable for the
assigned work.
B. Safety Equipment
The consultant shall provide and use all safety equipment including, but
not limited to hard hats, signs, safety vests and clothing required by S~te
and Federal regulations and Department policies and procedures.
C. Temporary Protection & Direction of Traffic
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The consulting firm will follow all safety rules and OOOT/OSHA
requirements. When the consultant has a survey party working within 15
feet of the travel lane, the consultant shall protect the survey party, and
warn approaching traffic by placing one "SURVEY CREW" (W21-6-36) sign
facing each direction of incoming traffic, a normal minimum distance of
200 feet for a lower speed street and 500 feet for rural roads and
highways in advance of the survey crew work area. In the event one-way
traffic is necessary, the W21-6-36 signs shall be placed a normal minimum
distance of 600 feet for lower speed streets and 1,500 feet for rural roads
and highways in advance of the survey work .area. The consultant shall
also place, facing each direction of incoming traffic, one each of "BE
PREPARED TO STOP" (OW23-2-36) and "FLAGGER AHEAD" (OW20-7-36)
signs spaced a normal minimum distance of 200 feet for lower speed
streets and 500 feet for rural roads and highways apart and approximately
this same distance from W21-S-36 sign.
When a survey crew is working within a construction work area, the use
of "SURVEY CREW" signs are generally not required. However, when the
construction contractor's signing is not adequate for survey work, the
above signing requirements shall be followed. '
Signs may be constructed of plywood, sheet aluminum or fabric. W21-6-
36 signs shall be equipped with high level flags.
Each flagger shall wear an orange or yellow colored hard hat and an .
orange colored or fluorescent red-orange or fluorescent yellow-orange
colored vest. Flaggers shall be equipped with "STOP-SLOW" hand sign
. conforming to current standards for daylight use and shall also be
equipped with two-way radios when they are not visible to each other.
D. Business License Required
The selected consultant must have a current City of Ashland business
license prior to conducting any work in the City.
E. Professional Responsibilities
Responsible principal/lead for consulting firm must be a registered Oregon
Land Surveyor with the Oregon Stat~ Board of Land Surveying. The
consultant shall perform the work using the standards of care, skill and
diligence normally provided by a professional in the performance of such
services in respect to similar work and shall comply with all applicable
codes and standards.
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IV. CONTRACTS AND ASSIGNMENTS
Once the primarY and secondary surveying consultants are selected, the
resulting agreement will be set up as a Personal Services Contract. Specific
projects will be assigned and described in a specific Work Order Agreement, as
described below in Section 3. Work Order Agreements will incorporate all terms
and conditions of the Personal Services Contract and this RFP and will include a
complete description of the work to be perfQrmed by the consultant.
There is no guarantee that any specific amount of work or overall dollar amounts
will be assigned through the term of the Personal Services Contract. City
projects may be assigned based upon the consultant's expertise and current
work load.
The City may offer a separate solicitation and procurement to be conducted for
any project. The City will assess each project and may consider the estimated
cost, specialized nature of the project, and other factors, to determine whether a
separate solicitation and procurement will be required.
1. CONTRACT
The consultant selected by the City will be expected to enter into a written
contract in the form attached to this RFP in the Appendix. The proposa~
should indicate acceptance of the City's contract provisions or suggest
reasonable alternatives that do not substantially impair the City's rights
under the contract. If inclusion of any of the City's contract provisions will
result in higher costs for the services, such costs must be specifically
identified. in the proposal. Unconditional refusal to accept the contract
provisions proposed by the City without offering acceptable alternatives
shall result in disqualification of the offeror or a less favorable evaluation
of its proposal. Proof of required insurance is made part of this contract.
Acceptance is not complete unless and until proof of required insurance is
submitted to the City.
2. CONTRACT TERM
It is anticipated the Consultant(s) will enter into a two-year contract with
an option to extend for up to two additional one year terms.
3. WORK ORDER AGREEMENT (WOA)
Individual Projects will be assigned through Work Order Agreements
(WOA). Each WOA will describe the project and will incorporate all terms
and conditions of the Personal Services Contract. A project is considered
assigned when all requir~d signatures have been obtained on the WOA
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and the City has issued a notice to proceed to the Contractor. Each WOA
may be amended to allow for additional phases of work necessary for a
project, within the scope of the Contract.
The projects will be assigned as needed and there is no guarantee that
any specific amount of work or overall dollar amounts will be assigned
during the term of the Personal Services Contract.
The Consultant shall perform Services in accordance with the Personal
Services Contract only within an issued and approved WOA. If Consultant
refuses or cannot ~omply with a WOA assignment, an authorized
representative of the Consultant shall submit a written refusal within two
days of receipt of request for the WOA. If Consultant refuses an
assignment or takes more than two days to respond, ~he City may offer
the WOA to another Consultant, or solicit separately for those services, or
take other action deemed appropriate.
The maximum amount payable may only be exceeded upon the prior
written approval by the City through an amended WOA. No Services
under a WOA or amendment shall begin before the City, Consultant and
other required signatures are obtained on the WOA or WOA amendment,
and the City has issued a Notice to Proceed.
v. PROPOSAL CONTENTS
The consultant shall submit three copies of the proposal for consideration by the
City. The proposal shall address each of the following listed items and shall be
organized in accordance with this section of the proposal.
Proposal shall include the following information:
Title of Project
Contact Person
Name:
Title:
Address:
Phone & Fax Number:
Schedule of Events
Proposals must be received by and will be opened at:
2:00 PM, November 5, 2008.
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VI. CRITERIA FOR SELECTION
Each proposal is limited to no more than 6 pages; resumes can be attached as an
appendix; and shall contain the following criteria:
1. UNDERSTANDING OF REQUESTED SERVICES/PROJECT MAX SCORE 10 PTS
This relates to the basic or preliminary understanding of the requested services.
Is there a clear and concise understanding, of the services/project based on
existing information? Is there a general description of the role of the requested
services and the chief issues to be addressed?
2. FIRM'S CAPABILITIES MAX SCORE 20 PTS
This relates to the firm's capabilities in performing the requested services.
References may be included in this section of the criteria. The response should
address the following:
Q Similar services, performed within the last three years, that best characterize
work quality and cost control; including at least three references,
Q Internal procedures and/or poliCies related to work quality and cost control,
CI Management and organizationa"1 structure,
CI Other on-going projects,
CI Availability to perform the work for the duration of the contract.
. .
3. PROJECT TEAM MAX SCORE 20 PTS
This relates to the project principal, the project manager, key staff and sub-
consultants. The basic question is how well the team's qualifications and
experience relate to the requested services:
CI Extent of principal involvement,
Q Current employer, assignments and location of key members,
Q Names of key members who will be performing the work on this project and
their responsibilities,
Q Qualifications and relevant individual experience, including sub-consultants,
Q Experience as a team on similar or related projects,
Q Project Manager's experience with similar projects and interdisciplinary
teams.
4. RESOURCES MAX SCORE 15 PTS
This relates to the total resources allocated to providing the requested services.
(examples: compatible computer equipment, adequate sUlVeyequipment, etc.).
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5. RESPONSE TIME MAX SCORE 25 PTS
This criteria relates to how quickly the consultant can respond to any give(l
assignment and what priority would be assigned to City projects.
6. COST OF SERVICES MAX SCORE 10 PTS
In an attached sealed envelope, provide a summary of service costs including:
Cl Survey crew rate,
[J Professional Land Surveyor rate,
Cl Survey Technician rate,
Cl Draftsperson rate,
Cl Direct non-labor costs which might be applicable.
PROPOSAL EVALUATION & SELECTION
1. REVIEW
Proposals will be reviewed and evaluated by personnel from the City of Ashland
Department of Public Works. Each proposal will be evaluated on the
completeness and quality of content as described in the preceding section.
Interviews may be conducted with the top ranking firm~ if the City deems it
necessary .
2. EVALUATION CRITERIA
Each proposal will be judged as a demonstration of the consultants capa"bilities
and understanding of the services requested. Evaluation factors and points will
be as follows:
Criteria Maximum
Score
A. Understanding of ReQuested Services 10
B. Firms Capabilities 20
C. Project Team 20
D. Resources 15
E. Response Time 25
F. Cost of Services 10
TOTAL 100 Points
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3. CIlY RESERVATION
The City of Ashland reserves the right to waive irregularities or discrepancies in a
proposal if the City determines that the waiver is in the best interest of the City.
4. ADDENDA TO THE RFP
The provisions of this RFP cannot be modified by oral interpretations or
statements. If inquiries or comments by offerors raise issues that require
clarification by the City, or the City decides to revise any part of this RFP,
addenda will be provided to all persons known to the contact person who have
received or will subsequently receive the RFP. Receipt of addenda must be
acknowledged by signing and returning it with the proposal.
5. PROTEST
Any prospective consultant who contends that the provisions of the RFP or any
aspect of the procurement process will encourage favoritism in the award of the
contract, or substantially diminish competition, must file a written protest to the
RFP at least ten days prior to the date set for the opening of proposals. Failure
to file a protest will be deemed a waiver of any claim by an offeror that the
procurement process violates any provision of ORS Chapter 279, the City of
Ashland Local Contract Review Board Rules or the City's procedures for screening
and selection of persons to perform personal services.
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APPENDIX
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CONTRACT FOR PERSONAL SERVICES
CITY OF
.A.SHLAND
20 East Main Street
Ashland, Oregon 97520
Telephone: 541/488-6002
Fax: 541/488-5311
CONSULTANT:
CONTACT:
ADDRESS:
TELEPHONE:
DATE AGREEMENT PREPARED:
BEGINNING DATE:
COMPENSATION:
FAX:
COMPLETION DATE:
SERVICES TO BE PROVIDED:
ADDITIONAL TERMS:
FINDINGS:
Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inquiry and evaluation, the undersigned Department
Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have
adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for
utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and
capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and
financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the
compensation negotiated herein is fair and reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings I Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described
above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance
of such service.
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service to which they will be
assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of
Oregon, are so registered, licensed and bonded.
4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated
above and complete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified
above. Once work commences, invoices shall be prepared and submitted by the tenth of the month for work
completed in,the prior month. Payments shall be made within 30 days of the dat.e of the invoice. Should the contract
be prematurely terminated, payments will be made for work completed and accepted to date of termination.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City.
7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
8. living Wage Requirements: If the amount of this contract is $18,088 or more, Consultant is required to comply with
chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any Subcontractor who performs 50% or more of the service work under
this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where
it will be seen by all employees.
9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from
injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of
whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not
limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services
attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
. .
.. , ~ I
10. Te("rmination:
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Consultant, or at such later date as may be established by City under any of the following .
conditions:
i. If City funding from federal, state, county or other sources is not obtained and continLied at levels
sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Consultant to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party'giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
ii. Time is of the essence for Consultant's performance of each and every obligation and duty under
this contract. City by written notice to Consultant of default or breach may at any time terminate
the whole or any part of this contract if Consultant fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
e. Obliaation/Liabilitv of Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities' of either party already accrued prior to such
termination or modification. However, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination,
Consultant shall deliver to City all contract dOCuments, information, works-in-progress and other property that are
or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to
the termination date if such work was performed in accordance with the Contract.
11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City.
Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to per(orm work pursuant to
this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default
of any covenant, warrantY, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if
consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted
against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business
on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or
delegate duties under, the Contract.
14. Insurance. Consultant shall at its own expense provide the following insurance:
a. Worker's Comoensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. Professional Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, 51.000.000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to
qover damages caused by error, omission or negligent acts related to the professional services to be provided
under this contract.
c. General Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, 51.000.000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property
Damage. It shall include contractual liability coverage for the indemnity provided under this contract.
d. Automobile Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
'1 ,I
$200,000, $500,000, $1.000.000, or Not Applicable for each accident for Bodily Injury and Property Damage,
including coverage for owned, hired or non-owned vehicles, as applicable.
e. Notice of cancellation or chance. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to
the City.
f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only
with respect to Consultant's services to be provided under this Contract. As evidence of the insurance coverages
required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work
under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies
or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust
agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent
deductibles, self-insured retentions and/or self-insurance.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction.
16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE. SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS. OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
17. Nonappropriatlons Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further
liability to Consultant.
Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated by reference.
CONSULTANT CITY OF ASHLAND:
BY
BY
Signature
FINANCE DIRECTOR
Print Name
TITLE
DATE
. DATE
CONTRACT AWARD AND FINDINGS DETERMINED BY:
By:
FederallD#
City Department Head
Approved as to
form by Legal:
ACCOUNT #
Date:
I Date: I
(For City purposes only)
*Completed W9 form must be submitted with contract
I
PURCHASE ORDER #
. .
f .! 1
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the
number sho"Yn on the attached W-9 form is its correct taxpayer 10 (or is waiting for the number to be
issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from
backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is
subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS
has notified it that it is no longer subject to backup withholding. Contractor further represents and
warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the
Contract, whe~ executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in accordance with its terms, (c) the work under the Contract shall be performed in
accordance with the highest professional standards, and (d) Contractor is qualified, professionally
competent and duly licensed to perform the work. Contractor also certifies under penalty of pe~ury
that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on
behalf of the entity designated above and authorized to do business in Oregon or is an independent
Contractor as defined in the contract documents, and has checked four or more of the following
criteria:
(1) I carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) labor or services are performed only pursuant to written contracts.
(5) labor or services are performed for two or more different persons within a period of one
year.
(6) I assume financial responsibility for defective workmanship or for service not provided
as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability insurance relating to the labor or services to be provided.
Contractor
(Date)
Form W-g
). ".
(Rev. Octob. 2001)
Dep~rtment (If thl9 T'rEta3Uf'Y
InttJrnat Re..enu~ ServIce
Request for Taxpayer
Identification Number and Certification
GIve fonn to the
requester. Do not
send to the IRS.
C\i
G)
a
ftI
Q.
t:
o
~ "
~j
eg
!'
-eJii
a.u
:e
C)
i
CD
dl
Name (ae shown on your income tax return)
Busin_ name, if different fran abcNe
Check eppopriat. box: 0 individual/Sole proprietor 0 Corporstion 0 Partnership
o Limited lability eomp.-.y. Enter the tax clesaification (D=diaregerded entity, C=corporatial, P=per1nerahip) ~ __ _____
D Other (see inltructicns) ~
Addr... (number, street, and apt. or suite no.)
City, state, and ZIP code
List account runber(a) here (optional)
Ta a
Identification Number IN)
o Exempt
pay..
Requeeter'. name and addreu (optional)
I Sod.... 7 ~
or
Employer ldentiftcation runber
Enter YOLl' TIN in the appropriate box. The TIN provided must match the name given on Une 1 to avoid
backup withholding. For individuals, this is your social security nt.mber (SSN). However, for a resident
alien, sole proprietor, or disregarded entity, see the Part I oinstructioos on page 3. For other entities. it is
your employer identification runber (EIN). If you do not have a runber. see How to get a TIN on page 3.
Note. If the account is In more than one name, see the chart on page 4 for guidelines on whose
nllTlber to enter.
Certification
Under penalties of perjury. I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholclng because: (a) I am exempt from backup withholding. or (b) I have not been notified by the Internal.
Revenue ServIce (IRS) that I am slbject to backup Withholding as a result of a failure to report all interest or dividends. or (c) the IRS has
notified me that I am no longer subj~ct to backup withholding, and
3. I am a U.S. citizen or other U.S. person (defined below).
Certlflcatlon.lnstructIons. You rn.ast cross out item 2 above if you have been notified by the IRS that you are cU"rently subjea to backup
witlt101dilg because you have failed to report all interest .,d dividends on yOU' tax return. For r~aI estate transactions. item 2 does not apply.
For mortgage interest paid, aoqlisItJon or abandorment of secured property, cancellation of debt, contributt0l'l8 to an individual retirement
arrangement (IRA). and generally. payments other than interest and dividends. you are not required to sign the Certification, but you must
provide your correct TIN. See the instructions on page 4.
. Sign I Signa"'.. of
Here U.s. person. Date .
General Instructions
Section references are to the Internal Revenue Code unless
otherwise noted.
Purpose of Form
A person who Is required to file an infamatlon return with the
IRS must obtain yOU" correct taxpayer identification number (TIN)
to report. fa example. income paid to you, real estate
transactions, matgage interest you paid, acquisition or
abandonment of S8ClI'ed property, cancellation of debt, or
contributions you made to an IRA
Use Form W-9 only if you are a U.S. person (including a
resident alien), to provide YOll' correct TIN to the person
requesting it (the requester) and. when applicable. to:
1. certify that the TIN you are giving is correct (or you are
waiting for a number to be issued).
2. certify that you are not subject to backup withholding. or
3. Claim exemption from backup withholding if you are a U.S.
exempt payee. If applicable, you are also certifying that as a
U.S. person, yotl allocable share of any partnership Income from
a U.S. trade a business is not subject to the withholding tax on
foreign partners' share of effectively connected income.
Note. If a requester gives you a form other than Form W-9 to
request yotl TIN, you must use the requester's fam if it is
substantially similar to this Form W-9.
Deftnltlon of a U.8. person. For federal tax purposes, you are
considered a U.S. person if you are:
. An individual who is a U.S. citizen or U.S. resident alien.
· A pa1nership. corporation, company, or association created or
aganlzed in the United States a under the laws of the United
States,
. An estate (other than a foreign estate). or
. A domestic trust (as defined in Regulations section
301.7701-7).
SpecIal rules for partnerships. Partnerships that conduct a
trade a business in the United States are generally requi-ad to
pay a withholding tax on any foreign partners' share of income
from such business. FlI1her. In certain cases where a Form W-9
has not been received, a partnership is r&qui-ad to presume that
a pcvtner is a faeign person, and pay the withholding tax.
Therefore, if you are a U.S. person that is a partner in a
partnership conducting a trade or business in the United states,
provide Form W-9 to the partnership to establish YOL6 U.S.
status and avoid withholding on YOL6 share of partnership
income.
The person who gives Form W-9 to the partnership for
pl6poses of establishing its U.S. status and avoiding withholding
on its allocable share of net income from the partnership
conducting a trade or business in the United states is in the
following cases:
· The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231X Form W -9 (Rev. 10-2007)
CITY OF
ASHLAND
Council Communication
Approval of Two Public Works Contracts for Flexible Surveyin2 Services
Meeting Date: February 17, 2009 Primary Staff Contact: James Olson, 552-2412
Department: Public Works/Engineering E-Mail: olsonj@ashland.or.us
Secondary Dept.: Finance Secondary Contact: Michael R. Faught
Approval: Martha Bennett Estimated Time: Consent Agenda
Question:
Will Council approve two contracts for flexible surveying services that will exceed a 24 month
contract period and may exceed the $50,000 contract threshold?
Staff Recommendation:
Staff recommends Council approve two contracts for flexible surveying services that will exc.eed a 24
month contract period and may exceed the $50,000 contract threshold.
Background:'
On October 1, 2008, staff advertised a request for proposal from qualified surveying firms to provide
surveying services on an ongoing and flexible basis. On November 5, 2008 eight fmns provided
formal responses which were reviewed, scored and ranked by engineering staff. The results of the
scoring follows: '
Rankin2 Firm Number of Points
1 Terrasurvey 89.0
2 Polaris Land Surveying 87.7
3 Neathamer Surveying 84.7
4 OBEC Consulting Engineers 82.0
5 Hardey Engineering & Associates, Inc. 80.7
6 HBH Consulting Engineers 79.3
7 Hoffbuhr & Associates, Inc. 77.0
8 Rhine-Cross Group 72.3
The terms of the request for proposal and of the resulting contract were that two fIrmS were to be
selected as primary and secondary services providers. The primary service provided was the firm
receiving the highest rating while the secondary firm had the next highest score. '
Terrasurvey, ~c.. selected as the primary consultant was offered a contract to expire on June 30, 2011
(29 months). The secondary consultant, Polaris Land Surveying LLC was offered a similar 29 month
contract. The value of the primary contract is $20,000 and $5,000 for the secondary contract.
The RFP and contract both contain a clause whereby the contract may be extended for two additional
one-year contracts. With the maximum number of extensions for each contract the total combined 'cost
may exceed $50,000 depending on the number of projects developed in the upcoming years.
Council's consideration should be for the current contract approvals plus authorization for two one-
year extensions for each contract.
Page 10f2
~A'
CITY OF
ASHLAND
Related City Policies:
AMC 2.50.020 Public Contracting Officer's Authority. "The Public Contracting Officer may execute
without prior Council approval contracts that satisfy all of the following: ... ii. The contract does not
exceed a twenty-four month contract period.'"
Council Options:
Council may approve or reject the primary and secondary flexible surveying services contract.
Potential Motions:
1. Move to approve the cpntracts and potential contract extensions with Terrasurvey, mc, and
Polaris Land Surveying LLC.
2. Move to approve the contracts without potential contract extensions witp. Terrasurv:~y, Inc, and
Polaris Land Surveying LLC.
3. Move to reject the 'contracts with Terrasurvey, Inc. and Polaris Land Surveying LLC. .
Attachments:
Copies of contracts
-J
Page 2 of2
'.1'
CITY OF
ASHLAND
NOTICE OF TRANSMITTAL
TO:
Kariann Olson
DATE:
PROJECT:
JOB NO.:
SUBJECT:
. February 10,2009
Flexible Surveying Contract
Contract Documents
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
1. Two original contracts f~r flexible surveying for Polaris Land Surveying (signed by Mike
Faught)
2. Requisition for purchase order '
3. Copy ofRFP distributed on October 1, 2008
4. Copy of letter with RFP scoring
5. Fee schedule (with co~tract)
6. Certifications / Representations (with contract)
7. Form W-9 (with contract)
8. Insurance Certificates
ENCLOSED X
UNDER SEPARATE COVER
REMARKS: The fee schedule for Terrasurvey, Inc. is also enclosed.
COPIES TO: Mike Faught
Department of pubr
By: James H. Olson
Title: Engineering Se ·
ager
PUBLIC WORKS
20 E. Main Street
Ashland, Oregon 97520
WNW .ashland.or.us
Tel: 541-488-5587
Fax: 541-488-6006
TTY: 800-735-2900
rA1
--- -----" u-rrr-"T
December 3, 2008
CITY OF
ASHLAND
Shawn Kampmann
Polaris Land SUNeying
151 Clear Creek Drive
Ashland OR 97520
RE: SURVEYING SERVICES RFP RESULTS
Dear Shawn:
On November 5. 2008 the City of Ashland received eight (8) proposals for surveying servi~s. Each of
the proposals were reviewed and scored separately by a panel of three City staff members. The
individual scores were then compared and averaged to determine ranking.
The scoringwas not an easy task as all firms were well qualified and provided excellent proposals. In
scoring the propOsals. emphasis was placed on a quick response to anticipated City needs which
included knowledge of the City's rules and procedures and a willingness to place the City's demands as
a priority. Firms that regularly submitted land division plans and demonstrated knowledge of City plat
submittal and approval requirements general received a slightly higher score in the Project Team
category. In assigning a value to the cost of services, the lowest cost received the full 10 points while
the highest cost received 3 points and all others were scored according to their ranking.
The results of the scoring are as follows:
Rankin
1
2
3,
4
5
6
7
8
Firm
Number of Points
89.0
87.7
84.7
82.0
80.7
79.3
77.0
72.3
Based upon the above scores. the City intends to offer contracts to the first and second ranked firms as
primary and secondary service providers. Thank you very much for your proposal and we greatly
appreciate the time and effort expended in behalf of the City of Ashland.
Sincerely,
Jt
ames H. Olson
Engineering SeNices Manager
cc: Mike Faught
T 81: 541/488-5347
Fax: 541-/488-6006
1TY: 800n35-2900
M-
Engineering
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECn2008\08-21 Intent to Award Ltr 12 03 08.doc
CITY RECORDER
rA
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 008064
POLARIS LAND SURVEYING INC
PO BOX 459
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Contract for secondary flexible Qeneral
surveyinQ services to be,provided on an
as needed basis.
RFP
Contract for Personal Services
Date of aQreement: January 22,2009
BeQinninQ date: February 1 , 2009
Completion date: June 30, 2011
Contract may be extended for two
additional one year terms
Insurance reQuire.d/On file
Not to exceed $5,000, per attached fee
schedule, for initial 29-month contract.
Appr.oved by City Council February 17,
2009 .
BILL TO: Account Payable
20 "EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
E 260.08.12.00.70420
E 260.08.17.00.70420
E 670.08.15.00.70420
E 670.08.18.00.70420
E 675.08.17.00.70420
E 710.08.23.00.60413
500.00
500.00
500.00
500.00
500.00
2,500.00
~~
A~~.. ri~~~i~nature
SHIP TO: Ashland Public Works
(541) 488,.5587
51 WINBURN WAY
ASHLAND, OR 97520
Req. No.:
Dept.: PUBLIC WORKS
Contact: Jim Olson
Confirming? No
;;.." \"" ::: .i" .." ,..\, ,....',;.
08808
SUBTOTAL
TAX
FREIGHT
TOTAL
Page 1 / 1
_,."..1
5,000.00
5.000.00
0.00
0.00
5,000.00
VENDOR COpy
CITY OF
ASHLAND
REQUISITION
No. PW FY 2009
Department PUBLIC WORKS
Vendor Polaris Land Surveying
PO Box 459
ASHLAND OR 97520
Date January 22, 2009
Requested Delivery Date
Deliver To JIM OLSON
Via
ASAP
. .
Item No. Quantity Unit Description Use of Purchasing Office Only
Unit Price Total Price PO No.
Contract for secondary flexIble general
surveying services to be provided on an as-
needed basis.
Street 260.08.12.00.704200 $ 500.00
Storm Drain 260.08.17.00.704200 $ 500.00
Water Distribution 670.08.18.00.704200 $ 500.00
Water Supply 670.08.15.00.704200 $ 500.00
WW Collections 675.08.17.00.704200 $ 500.00
Engineering 710.08.23.00. 6q4130 $ 2,500.00
TOTAL $ 5,000.00
for Kari:
BID /RFP / EXEMPT: RFP
Contract Start Date: February 1, 2009
Contract Completion Date: 30-Jun-11
Insurance on file: I yes t NO
Project No: N/A
-
Job No.
Unit No.
I hereby certify that the above items are necessary for the operation
of this department and are budgeted
Department Head or Authorized Person
Issued By
Date
Received By
r~'
G:\pub-wrks\eng\dept-admin\SURVEYOR\Polaris 2009\FY09 Polaris Flexible Serv Req.xls